It is the policy of the State to work to find ways to use the minimum amount of pesticides needed to effectively control targeted pests in all areas of application. The agencies of the State involved in the regulation or use of pesticides shall promote the principles and the implementation of integrated pest management and other science-based technology to minimize reliance on pesticides while recognizing that outbreaks of disease, insects and other pests will necessitate fluctuations in pesticide use. These agencies, in cooperation with private interest groups, shall work to educate pesticide users and the general public in the proper use of pesticides and to determine other actions needed to accomplish the state policy.
Two statutes give authority to the Board of Pesticides Control (BPC) to regulate pesticides in Maine:
Other statutes relating to pesticides:
NOTE: Click on rule number to download the regulation in its entirety (Microsoft Word format).
These definitions and terms are defined as they specifically relate to the use of pesticides, the certification and licensing of pesticide applicators and dealers, and other areas as regulated by the Board in succeeding chapters.
Regulates the use, storage and disposal of pesticides with specific emphasis on registered pesticides, right of way and aquatic applications and employer/employee requirements.
Ch. 21 Pesticide Container Disposal and Storage
[REPEALED—Effective: December 23, 2012]
These rules set forth the regulations for the management of emptied pesticide containers for limited and restricted use pesticides. They establish deposit amounts, sticker requirements, triple rinse or equivalent procedures, and refund places and procedures. The rules are organized according to classification of the pesticide as to whether it was purchased in state or out of state.
Establishes procedures and standards for the outdoor application of pesticides by powered equipment in order to minimize spray drift and other unconsented exposure to pesticides. The primary purpose of these regulations is to implement the legislative mandate of the Board, as expressed by 7 M.R.S.A. § 606(2)(G), to design rules which "minimize pesticide drift to the maximum extent practicable under currently available technology."
Provides minimum criteria for the siting, construction and operation of facilities and businesses which store pesticides for wholesale or retail purposes. They are intended to protect the public health of employees and persons who live near these facilities and to minimize adverse environmental impacts that might result from emergencies caused by fires or spills. This chapter divides storage facilities into three groups and imposes requirements commensurate with their potential threat to public health and the environment. These regulations also describe display requirements for retail businesses which offer pesticides for sale in self-service areas.
Establishes procedures and standards for applicators applying pesticides inside occupied private and public buildings other than K–12 schools that are covered by Chapter 27. This chapter also sets forth the requirements for notification about pending pesticide applications to residents of rented space, employees of agencies, businesses and institutions, and parents or guardians of children in licensed child care facilities and nursery schools.
Establishes procedures and standards for applying pesticides in school buildings and on school grounds. This chapter also sets forth the requirements for notifying school staff, students, visitors and parents about pending pesticide applications.
Establishes procedures and standards for informing interested members of the public about outdoor pesticide applications in their vicinity. This chapter sets forth the requirements for requesting notification about pesticide applications, for posting property on which certain commercial pesticide applications have occurred and also establishes the Maine Pesticide Notification Registry structure and fees.
Establishes standards for protecting surface water. This chapter establishes a fifty-foot setback from surface water for mixing and loading of pesticides, sets forth requirements for securing containers on sprayers and cleaning up spills occurring within the setback zone, establishes restrictions on pesticide applications to control browntail moths near marine waters and requires an untreated 25-foot buffer zone for outdoor terrestrial broadcast pesticide applications near waters of the State.
Describes the requirements for certification and licensing of commercial applicators.
Describes the requirements for certification and licensing of private applicators.
(Agricultural Basic License)
Describes the requirements for certification and licensing of private applicators using general-use pesticides to produce plants or plant products intended for human consumption as food, where the person applying the pesticides or the employer of the person applying the pesticides derives $1,000 or more in annual gross income from the sale of those commodities.
Describes the requirements for certification and licensing of pesticide dealers.
Describes the requirements for certification and licensing of spray contracting firms.
Ch. 36 Certification and Licensing Provisions/Monitors and Spotters for Forest Insect Aerial Spray Program
[REPEALED—Effective: July 23, 2019]
Describes the requirements for certification and licensing of monitors and spotters for major forest insect aerial spray programs.
Lists the pesticides classified by the Board as restricted use or limited use and describes procedures governing their sale and use.
Describes special limitations placed upon the use of (1) aldicarb (Temik 15G) in proximity to potable water bodies; (2) trichlorfon (Dylox, Proxol); (3) hexazinone (Velpar, Pronone), (4) aquatic herbicides in the State of Maine; (5) plant-incorporated protectants; (6) neonicotinoids (dinotefuran, clothianidin, imidacloprid, thiamethoxam); and (7) chlorpyrifos (Dursban, Lorsban).
Describes the types of records and reports which commercial applicators, commercial agricultural producers, limited/restricted use pesticide dealers, spray contracting firms and monitors must maintain and submit to the Board.
Describes the notification requirements for persons contracting aerial pesticide applications to control forest, ornamental plant, right-of-way, biting fly and public health pests.
Establishes criteria which the Board will use in deciding if an area should be designated as a critical pesticide control area. In addition, these regulations specify the procedures parties must follow in requesting such a designation. These regulations also define the locations that have been designated as critical areas by the Board.
Describes procedures the Board must follow in conducting hearings concerned with pesticide certification, licenses and permits.
Describes the procedures any interested person must follow in requesting an advisory ruling to determine if the Board's Statute and rules apply to his situation.
Describes the procedure a person must follow in bringing a complaint to the Board and outlines the steps the Board may take in response.
NOTE: Policies available for viewing/download are marked with PDF and/or WORD; those not yet available will be added as soon as possible, as will descriptions.
ADMINISTRATIVE
BOARD OPERATIONS
Details under what circumstances a Board review will be required for Plant Incorporated Protectants.
Describes the criteria used by the Board for considering placement of pesticides on the state restricted use list.
The ERAC is convened to provide expert advice to the Board. This policy outlines the function, membership and other aspects of the Committee.
The MAC is convened to provide expert advice to the Board. This policy outlines the function, membership and other aspects of the Medical Advisory Committee.
Describes the membership and purpose of the Ad Hoc PIP Committee.
Details the process for submitting applications for consideration for Special Local Needs status.
Details types of acceptable comment, and the procedure and deadline for submission of comments to the Board.
ENFORCEMENT
Details enforcement protocol to be utilized in routine enforcement matters arising under the Board's statutes and regulations.
Clarifies that a person may lawfully produce a pesticide for his own use without registering it, but may not do so as a licensed applicator.
Defines “low risk” pesticide in the context of landlords/tenants and states that landlords may distribute low risk pesticides to tenants.
RULE INTERPRETATIONS/CLARIFICATIONS
CHAPTER 10
States that in the case of lodging places and apartment buildings, the entire building must be closed to the public for seven days in order to be treated by non-licensed applicators, rather than just a single room or apartment.
States that in the case of recreational areas, trails, and parks, only the area treated needs to be closed to the public for seven days in order to be treated by non-licensed applicators, rather than the entire property.
CHAPTER 20
Concerns the definition and mapping of areas to be excluded from aerial spraying in the event of a mosquito-borne public-health emergency.
States what methods of verifiable authorizations the Board has approved and provides a path for applicators to petition for other methods to be approved.
Details methods of positively identifying application sites which have been approved by the Board as required by Chapter 20.
Assistant Attorney General’s explanation of easements and rights of way, as they relate to pesticide applications.
CHAPTER 22
Delegates the approval of repeat variances to staff in certain circumstances
CHAPTER 26
Defines what pests are designated public health pests under CMR 01-026 Chapter 26 Section 4(C)(2).
Interprets “occupied buildings” to mean fully enclosed indoor spaces inside buildings and does not roofed areas of retail store that are otherwise open to the outdoors
CHAPTER 28
As required by CMR 01-026 Chapter 28 Notification Provisions for Outdoor Pesticide Applications as of May 25, 2015
Waives the fee to enroll in the Maine Pesticide Notification Registry.
CHAPTER 29
Clarifies what types of applications are “not broadcast application” and therefore are not prohibited in the 25-foot-buffer area.
Clarifies that small areas which do not contain standing water do not require buffering even if they contain plan communities normally associated with wetlands, and that manmade depressions, such as skidder ruts and road ditches, do not require buffering even if they contain standing water
Lists the products allowed for use for control of browntail moth adjacent to marine waters.
Lists the products allowed for use for control of browntail moth between 50 and 250 feet of the high water mark of marine waters.
Delegates authority to staff for variance from the 25-foot untreated buffer zone required by Chapter 29 for control of certain invasive plants.
Delegates authority to staff for variance from the 25-foot untreated buffer zone required by Chapter 29 for control of plants that pose a dermal toxicity hazard.
Delegates the approval of repeat variances to staff in certain circumstances
CHAPTER 31
Details circumstances under which a private applicator's license is required and under which a commercial applicator's license is required.
Details circumstances under which a private applicator's license is required and under which a commercial applicator's license is required.
States that the Board will no longer recognize other states’ certification standards for issuing Maine licenses; applicators must pass Maine exams.
CHAPTER 32
Clarifies that restricted/limited use pesticides may be billed to an unlicensed corporate farm employee or a public or private lender as long as the pesticides are delivered to a farm where a documented licensed private applicator will have on-site supervision over the application, storage and disposal of those products. Also includes the form which must be used to verify the responsible licensed private applicator.
Clarifies the requirement for applicators using restricted or limited use pesticides on their own property for agricultural commodities to have a Private Applicator license.
Details circumstances under which a private applicator's license is required and under which a commercial applicator's license is required.
Details circumstances under which a private applicator's license is required and under which a commercial applicator's license is required.
CHAPTER 33
Clarifies that the term “food production” includes treatments beginning with the growing media and ending when the plant or plant product is transferred out of the grower’s control.
CHAPTER 35
Clarifies the requirements set forth in 22MRSA 1471-C, 23-B and CMR 01-026 Chapter 10, Section 2 EEE regarding spray contracting firms.
Specifies a list of emergining invasive invertebrate pests that may be managed using neonicotinoids in outdoor residential landscapes on ornamental vegetation as referenced in CMR01-26 Chapter 41, Section 6.
Outlines the emergency permitting process for neonicotinoid use in residential landscapes as referenced in CMR01-26 Chapter 41, Section 6.
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Department of Agriculture, Conservation & Forestry
22 State House Station
18 Elkins Lane
Augusta, ME 04333
Phone: (207) 287-3200
Fax: (207) 287-2400
TTY: Maine Relay 711
dacf@maine.gov
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